Congressional Record — Senate, May 25, 2021
Summary
Congressional Record, Senate, page S3394, May 25, 2021. A nomination is confirmed on Rollcall Vote No. 202, yeas 51 and nays 48. The clerk reports the nomination of Kristen M. Clarke, of the District of Columbia, to be an Assistant Attorney General, and Durbin urges support for the appointment to the Civil Rights Division, noting that the day is the anniversary of the death of George Floyd. Remarks opposing the nomination call Clarke extremely partisan and criticize her statements about the Ferguson case. A cloture motion on the nomination is read, and the Senate recesses until 2:15 p.m.
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“Congressional Record — Senate, May 25, 2021.”
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S3394 CONGRESSIONAL RECORD — SENATE May 25, 2021
Shelby Tillis Wicker The clerk will call the roll. We get a lot of partisan nominees
Sullivan Toomey Young
Thune Tuberville
The senior assistant bill clerk called around here. So that is not very sur-
the roll. prising. But Ms. Clarke isn’t just par-
NOT VOTING—1
Mr. THUNE. The following Senator is tisan. She is extremely partisan. She
Kennedy necessarily absent: the Senator from called Senator MURKOWSKI ‘‘shameful.’’
Louisiana (Mr. KENNEDY). She accused Senator MANCHIN of being
The nomination was confirmed. The yeas and nays resulted—yeas 51, disingenuous. And she casually slan-
The PRESIDING OFFICER (Mr. nays 48, as follows: dered 200—200—sitting, Senate-con-
LUJÁN). Under the previous order, the [Rollcall Vote No. 202 Ex.] firmed judges as ‘‘white male extrem-
motion to reconsider is considered ists.’’ If confirmed for this position, she
YEAS—51
made and laid upon the table and the will be entrusted with representing the
Baldwin Heinrich Peters
President will be immediately notified Bennet Hickenlooper Reed U.S. Government in front of those very
of the Senate’s action. Blumenthal Hirono Rosen judges—not exactly a credible advocate
The majority whip. Booker Kaine Sanders for our people, if you ask me.
Mr. DURBIN. Mr. President, are we Brown Kelly Schatz
Ms. Clarke’s radicalism doesn’t stop
now moving to a cloture vote on Cantwell King Schumer
Cardin Klobuchar Shaheen with ad hominem insults. It thor-
Kristen Clarke? Carper Leahy Sinema oughly infects her professional judg-
The PRESIDING OFFICER. We have Casey Luján Smith
ment as well. Ms. Clarke has consist-
the cloture vote next. Collins Manchin Stabenow
ently demonstrated that she is more
Mr. DURBIN. Mr. President, I ask Coons Markey Tester
Cortez Masto Menendez Van Hollen interested in attacking police and call-
unanimous consent that there be 2 Duckworth Merkley Warner ing everybody a racist than finding the
minutes equally divided for debate in Durbin Murphy Warnock
Feinstein Murray Warren facts or reviewing the evidence.
support and opposition to Ms. Clarke. When it comes to racially incendiary
Gillibrand Ossoff Whitehouse
The PRESIDING OFFICER. Is there Hassan Padilla Wyden cases, she proudly fans the flames of di-
objection?
NAYS—48 vision. Last year, she repeatedly—re-
Without objection, it is so ordered.
Barrasso Graham Portman
peatedly—spread the falsehood that
NOMINATION OF KRISTEN M. CLARKE
Blackburn Grassley Risch Jacob Blake, who had a knife and was
Mr. DURBIN. Mr. President, it is sig- Blunt Hagerty Romney actively resisting arrest, was, in fact,
nificant that on this day, this anniver- Boozman Hawley Rounds ‘‘unarmed’’ when he was shot by the
sary of the death of George Floyd, that Braun Hoeven Rubio
Burr Hyde-Smith Sasse police. In part because of falsehoods
we are considering one of the key ap-
Capito Inhofe Scott (FL) like that one, riots engulfed the city of
pointments in the Biden administra- Cassidy Johnson Scott (SC) Kenosha, WI.
tion to be Assistant Attorney General Cornyn Lankford Shelby She also claimed that Officer Darren
for the Civil Rights Division. Cotton Lee Sullivan
Wilson, who shot and killed Michael
I urge my colleagues on both sides of Cramer Lummis Thune
Crapo Marshall Tillis Brown in Ferguson, MO, was only exon-
the aisle to consider the historic im- Cruz McConnell Toomey erated ‘‘based on racism.’’ When I
portance of this moment and to sup- Daines Moran Tuberville
asked Ms. Clarke if she had reconsid-
port this well-deserving and experi- Ernst Murkowski Wicker
Fischer Paul Young ered that unsubstantiated opinion, she
enced person to serve our Nation in pretended not to know enough to an-
this capacity. I urge my colleagues to NOT VOTING—1
swer the question, at first, which is re-
vote aye. Kennedy
markable given that the shooting in
The PRESIDING OFFICER. Who ThePRESIDING OFFICER (Ms. Ferguson is one of the most publicized
seeks recognition? SINEMA). On this vote, the yeas are 51, and explosive cases in recent years;
Hearing none, all time is yielded
the nays are 48. also remarkable because she appar-
back.
The motion is agreed to. ently knew enough to tar a grand jury
f
f of normal American citizens as yes,
CLOTURE MOTION once again, racist, but not enough to
EXECUTIVE CALENDAR answer simple questions.
The PRESIDING OFFICER. Pursuant
to rule XXII, the Chair lays before the The PRESIDING OFFICER. The Ms. Clarke’s opinion on the Ferguson
Senate the pending cloture motion, clerk will report the nomination. case sets her apart from other staunch
which the clerk will state. The senior assistant bill clerk read liberals like Vanita Gupta and Eric
The senior assistant bill clerk read as the nomination of Kristen M. Clarke, Holder. Both have acknowledged that
follows: of the District of Columbia, to be an Officer Wilson was justified in the use
CLOTURE MOTION Assistant Attorney General. of force, echoing the Obama Depart-
ment of Justice, which came to the
We, the undersigned Senators, in accord- f
ance with the provisions of rule XXII of the very same conclusion. In defiance of all
Standing Rules of the Senate, do hereby RECESS evidence, in spite of her good friend Ms.
move to bring to a close debate on the nomi- Gupta’s views, Ms. Clarke still dissents
The PRESIDING OFFICER. Under
nation of Executive Calendar No. 124, Kristen from this conclusion. So I cannot be-
M. Clarke, of the District of Columbia, to be the previous order, the Senate stands
lieve it—I am genuinely astonished—
an Assistant Attorney General. in recess until 2:15 p.m.
but Joe Biden has somehow found a
Charles E. Schumer, Patty Murray, Alex Thereupon, the Senate, at 1:03 p.m.,
nominee more radical than Vanita
Padilla, Sheldon Whitehouse, Jeff recessed until 2:15 p.m. and reassem-
Gupta. That is an impressive accom-
Merkley, Jack Reed, Debbie Stabenow, bled when called to order by the Pre-
Benjamin L. Cardin, Patrick J. Leahy, plishment, one that should give Sen-
siding Officer (Ms. SINEMA).
Elizabeth Warren, Jacky Rosen, Rich- ators who supported Ms. Gupta more
ard Blumenthal, Tina Smith, John W. f than ample ground to oppose Ms.
Hickenlooper, Michael F. Bennet, Tim
EXECUTIVE CALENDAR—Resumed Clarke.
Kaine, Brian Schatz. Moreover, Ms. Clarke is a firm and,
The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The Sen- until very recently, a vocal supporter
imous consent, the mandatory quorum ator from Arkansas. of defunding the police. Ms. Clarke
NOMINATION OF KRISTEN M. CLARKE wrote an article less than a year ago—
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call has been waived.
The question is, Is it the sense of the Mr. COTTON. Madam President, not some college paper. Less than a
Senate that debate on the nomination today the Senate will vote on Kristen year ago, Ms. Clarke wrote an article
of Kristen M. Clarke, of the District of Clarke’s nomination to head the De- with ‘‘Defund the Police’’ in the title.
Columbia, to be an Assistant Attorney partment of Justice’s Civil Rights Divi- She stated: ‘‘Must invest less in police’’
General, shall be brought to a close? sion—one of the most powerful posi- three times in the text of that article.
The yeas and nays are mandatory tions at the Department of Justice. I She also wrote: ‘‘I advocate for
under the rule. will, of course, oppose her nomination. defunding policing operations.’’
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3395
I don’t know. Call me naive. Call me She similarly responded to at least take new steps to form a more perfect
simple. When you write an article enti- three other Senators that she was en- Union through the 13th Amendment’s
tled ‘‘Defund the Police’’ and when you dorsed by this organization, even after abolishing slavery, the 14th Amend-
say, ‘‘[W]e must invest less in the po- admitting just a few pages earlier in ment’s guarantee of due process and
lice’’ and ‘‘I advocate for defunding po- her written answers that she had mis- equal protection, and the 15th Amend-
licing options,’’ it sounds to me like stated that she had such an endorse- ment’s protection of all citizens’ funda-
you support defunding the police. But, ment. At that point, that is not a sim- mental right to vote.
apparently, I am wrong about that be- ple mistake. It is not misspeaking. It is The Department of Justice was cre-
cause when she was asked about this at not a fib. It is totally and completely ated after the passage of those amend-
her hearing, Ms. Clarke denied—amaz- untrue in written testimony to the ments and entrusted with the responsi-
ingly, denied—that she supported U.S. Congress. Yet she has not apolo- bility to defend the rights of Ameri-
defunding the police. She claimed that gized. She has not acknowledged this cans, particularly the newly emanci-
when she wrote that ‘‘we should defund blatant lie. pated, formerly enslaved Americans.
the police,’’ she actually meant that This episode sadly proves that she Given the Department’s immediate
we should not defund the police. As- lacks the transparency and honesty to imperative to protect and preserve
toundingly, she blamed an editor for be trusted in such an important posi- civil rights, President Ulysses S. Grant
coming up with the title to her piece tion. appointed Amos Akerman to be the
but conveniently can’t recall what an You know, my Democratic colleagues first Attorney General to lead this new
alternative title she suggested would have, for the last 4 years, endlessly lec- Department. Why? He had extensive
have been or whether she objected to a tured about the need for the Depart- experience in prosecuting voter intimi-
title that was apparently the exact op- ment of Justice to be free from par- dation as the U.S. attorney in the
posite of what she intended. tisan politics and for it to be run by se- State of Georgia.
Now, maybe this shouldn’t be sur- rious, competent individuals. They More than 150 years later, the Civil
prising. After all, her article title was seems to have a slightly different view Rights Division of the Justice Depart-
‘‘I prosecuted police killings. Defund today. From her extremism to her lack ment now is entrusted with that con-
the Police—but be Strategic.’’ Appar- of candor, Ms. Clarke is unfit to lead stitutional responsibility. The Division
ently, the strategy is lying, because any organization in the Department of enforces Federal statutes prohibiting
that is what we saw at our committee. Justice—indeed, simply to serve the discrimination based on race, color,
We said: Ms. Clarke, the title of your sex, sexual orientation, gender iden-
Department of Justice. If the Demo-
article is ‘‘Defund the Police.’’ tity, disability, religion, national ori-
cratic Senators vote to confirm Ms.
Like, I didn’t choose the title. gin, and citizenship status.
Ms. Clarke, you wrote three times in Clarke, they will be responsible for And just as President Grant ap-
the story ‘‘defund the police.’’ every battle she wages in Joe Biden’s pointed a legal expert with a breadth of
She is like: I don’t support defunding war on the police, and I will make sure experience to lead the newly formed
the police. that their voters know about it. Justice Department in 1870, today,
But, Ms. Clarke, you wrote here, as I yield the floor. President Joe Biden has chosen Kristen
well, that we should invest less in the The PRESIDING OFFICER. The as-
Clarke to take up the mantle as the
police. sistant majority leader is recognized.
head of the Civil Rights Division. With
She is like: No, I don’t think we Mr. DURBIN. Madam President, I ask
her breadth of experience defending the
should invest less; we should invest unanimous consent to speak for 15 min-
civil rights of all Americans, Kristen
more. utes before the rollcall vote.
Clarke is singularly qualified to lead
The old argument: It is not my dog. The PRESIDING OFFICER. Is there
this Division, particularly at this mo-
It didn’t bite you. You kicked him objection?
ment in history.
first. Without objection, it is so ordered. Kristen Clarke will be the first Sen-
Regardless of what she and her de- Mr. DURBIN. Madam President, it
ate confirmed woman of color to do
fenders might say, one thing is crystal was 1 year ago today. It was a street
so—the first.
clear: A vote for Kristen Clarke is a corner in the city of Minneapolis, the When I listen to the caricatures that
vote to defund the police. corner of 38th and Chicago Avenue. For are portrayed on the floor of the Sen-
Finally, not surprisingly, we come to 9 minutes and 29 seconds, Derek ate about this woman, I find it hard to
Ms. Clarke’s consistent dishonesty, du- Chauvin, a Minneapolis policeman, believe they are talking about the
plicity, and evasion throughout her knelt on George Floyd’s neck. As he Kristen Clarke that we met in open
hearing and written statements. In one knelt on his neck, he stared into a Senate hearings.
particularly bizarre incident, Ms. camera with a look that haunts me to We know what happened to the Civil
Clarke claimed in her hearing that she this day. Those 9 minutes and 29 sec- Rights Division under President
was proud to have the endorsement of onds took George Floyd’s life and Trump. Under President Trump and
the National Association of Police Or- changed America’s national conversa- Attorneys General Sessions and Barr,
ganizations, a group which represents tion about law enforcement. Those 9 the Civil Rights Division was dev-
nearly a quarter million law enforce- minutes and 29 seconds sparked a glob- astated. Over the past 4 years, the Di-
ment officers. al movement and compelled us to bear vision rescinded guidance protecting
Now that would be big news, a huge witness to the reality of racial injus- transgender students, prohibited the
endorsement. So I asked my staff to tice in our country. use of consent decrees for local police
get me a copy of the endorsement let- In this Senate we are in a privileged departments that had engaged in sys-
ter. It turns out they couldn’t because position to face that reality and to temic misconduct, and abandoned the
it doesn’t exist. continue America’s long, sometimes prior legal positions supporting Ameri-
Now, that is not good, but people bitter march toward equal justice cans’ fundamental right to vote.
misspeak all the time, especially when under the law. That is why I rise today I believe America needs a Civil
under pressure. So I wanted to give Ms. in support of Kristen Clarke’s nomina- Rights Division that vigorously de-
Clarke a chance to correct the record. tion to be Assistant Attorney General fends the civil rights of all Americans.
I asked for clarity in a written ques- for the Civil Rights Division of the De- Kristen Clarke is the legal expert we
tion. Thankfully, Ms. Clarke responded partment of Justice. need to restore and reinvigorate the
that she had misstated the facts. It is worth noting the history of this Civil Rights Division.
OK. That is fine, I accept that expla- position. The Civil Rights Division is You wouldn’t know it from the char-
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nation. Again, people misspeak. No one one of the most important components acterizations on the other side about
is perfect. Yet imagine my surprise of the Justice Department. The Attor- her experience, but, notably, she is a
when I received an answer to another ney General’s Office has existed since veteran of two of its sections. She
written question that claimed almost 1789. The Justice Department itself was began her legal career defending voting
verbatim the same thing she had said not created until after our Civil War. rights in the Voting Section and later
in her hearing—that she was endorsed During the days of Reconstruction, prosecuted hate crimes in the Divi-
by this organization. after that war, our Nation resolved to sion’s Criminal Section. She personally
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S3396 CONGRESSIONAL RECORD — SENATE May 25, 2021
understands the key role the Division’s Does that sound like someone who MAJOR CITIES CHIEFS ASSOCIATION,
line attorneys play in protecting civil wants to defund the police? Do you February 3, 2021.
rights. Hon. LINDSEY GRAHAM,
think that this Sheriff Mahoney from Chairman, Committee on the Judiciary,
Since leaving the Civil Rights Divi- Dane County in Wisconsin would say U.S. Senate, Washington, DC.
sion, Ms. Clarke has continued defend-
that about someone who wants to Hon. DIANNE FEINSTEIN,
ing civil rights in State government Ranking Member, Committee on the Judiciary,
and national civil rights organizations. defund police?
U.S. Senate, Washington, DC.
First, Ms. Clarke co-led the NAACP He went on to say: ‘‘When she was a DEAR CHAIRMAN GRAHAM AND RANKING
Legal Defense and Educational Fund’s federal prosecutor as a young attorney, MEMBER FEINSTEIN: The Major Cities Chiefs
voting rights work, litigating voting she gained the trust of federal agents Association, a professional organization of
rights cases under the Voting Rights police executives representing the largest
and domestic violence survivors and cities in the United States and Canada, is
Act and the National Voter Registra- crime victims. When she was the Chief proud to endorse President Biden’s nomina-
tion Act. Then she served as a civil
of the Civil Rights Bureau in the New tions of Lisa Monaco to serve as Deputy At-
rights official for the New York State torney General, Vanita Gupta to serve as As-
Attorney General’s Office, where she York State Attorney General’s office,
sociate Attorney General, and Kristen
played a key role in launching a reli- she built trust among New Yorkers to Clarke to serve as Assistant Attorney Gen-
gious rights initiative to address faith- protect their rights, and with the Law- eral for Civil Rights.
based discrimination. yers’ Committee, she gained the trust The Department of Justice (DOJ) has been
When you listen to those assign- of hate crimes victims and survivors.’’ tasked with addressing a complex set of
ments and the fact that this woman issues, including police reform, criminal jus-
She has so many endorsements from tice reform, violent crime, and domestic ex-
was chosen to head these divisions,
law enforcement groups and from pros- tremism. The team President Biden has
how can it possibly square with some nominated is immensely qualified for this re-
of the caricatures that have been ecutors. I am not going to read them
all into the RECORD. sponsibility. The nominees have decades of
drawn on the floor today about who she experience serving in senior leadership roles
is? Madam President, I ask unanimous within DOJ, other elements of the justice
Most recently, Ms. Clarke was chosen consent to have letters of support for system, the private sector, civil rights and
to lead the Lawyers’ Committee for Ms. Clarke printed in the RECORD. civil liberties organizations, and other key
Civil Rights Under Law. Those of us stakeholder groups. This experience will be
who follow this closely know it is one There being no objection, the mate- invaluable as they work to tackle the many
of the most preeminent civil rights rial was ordered to be printed in the challenges facing DOJ.
Record, as follows: In conversations with MCCA leadership,
groups in America. During her tenure, the nominees listened intently to our con-
the Lawyers’ Committee has taken on NATIONAL ORGANIZATION OF cerns and expressed a desire to collaborate
a huge caseload and doubled in size to BLACK LAW ENFORCEMENT EXECUTIVES, closely with the MCCA. They indicated that
address the most pressing civil rights January 30, 2021. open lines of communication and MCCA
issues of our time, including hate Hon. CHARLES E. SCHUMER, input are critical in addressing shared prior-
Majority Leader, U.S. Senate, ities such as advancing constitutional polic-
crimes.
Washington, DC. ing, improving officer health and wellness,
Here is the part that I want to make
Hon. RICHARD J. DURBIN, and combatting the rise in violent crime cur-
a special emphasis on. Both Vanita Chairman, Committee on the Judiciary,
Gupta and Kristen Clarke have exten- rently occurring across the country.
U.S. Senate, Washington, DC. President Biden’s DOJ nominees also made
sive endorsements from law enforce- Hon. MITCHELL MCCONNELL, it clear that they neither support defunding
ment organizations. Yet, when they Minority Leader, U.S. Senate, the police nor believe that doing so will
were characterized on the floor of the Washington, DC. bring about the change our communities are
Senate by their critics, they were char- Hon. CHARLES E. GRASSLEY, calling for. They pledged to work closely
acterized as haters of police and law Ranking Member, Committee on the Judiciary, with the MCCA to support and amplify the
enforcement. It just mystifies me how U.S. Senate, Washington, DC. efforts already underway by many local law
Senators can come to the floor know- DEAR MAJORITY LEADER SCHUMER, MINOR- enforcement agencies to develop and imple-
ing these organizations and believe ITY LEADER MCCONNELL, CHAIRMAN DURBIN, ment policies and practices that are fair, eq-
AND RANKING MEMBER GRASSLEY: The Na- uitable, transparent, and build trust and le-
that these two women have hood-
gitimacy with all members of the commu-
winked them into believing that they tional Organization of Black Law Enforce-
nity.
support law enforcement. The women ment Executives (NOBLE) formally acknowl- The MCCA believes these nominees will be
and men in law enforcement aren’t edges the work and commitment to service effective leaders and valuable partners for
pushed around and aren’t easily de- that has been exhibited by Ms. Kristen local law enforcement agencies. On behalf of
ceived. They have endorsed these two Clarke. She is a long-time partner of NOBLE the MCCA membership, I respectfully re-
women, and today we address Kristen and the recipient of our 2016 Civil Rights quest the Committee act swiftly and support
Clarke’s nomination because of the Justice by Action Award. the nominations of Ms. Monaco, Ms. Gupta,
and Ms. Clarke.
records they have written, not over a Ms. Clarke has displayed the qualities of
Sincerely,
period of days or weeks or months but leadership, empathy, excellence, and persist-
ART ACEVEDO,
years and in some cases decades, that ence in supporting and defending the U.S. Chief, Houston Police Department,
they have written. Constitution while ensuring equal protection President, Major Cities Chiefs Association.
Consider this statement from Sheriff and justice for all Americans. This has been --
David Mahoney from Dane County, WI, exhibited countless times in roles such as HISPANIC AMERICAN POLICE
recently stepped down from the Na- President of the Lawyers’ Committee for COMMAND OFFICERS ASSOCIATION,
tional Sheriffs’ Association. Civil Rights Under Law and Manager of the February 6, 2021.
Let me quickly add, the National Civil Rights Bureau of the New York Depart- Hon. CHARLES E. SCHUMER,
Sheriffs’ Association is a powerful or- ment of Law. Majority Leader, U.S. Senate,
Washington, DC.
ganization, and it is one that isn’t It is NOBLE’s belief that Ms. Clarke will Hon. RICHARD J. DURBIN,
pushed around by any politicians. help to ensure the delivery of its mission Chairman, Committee on the Judiciary, U.S.
Sheriff Mahoney wrote—and I want which is to ensure equity in the administra- Senate, Washington, DC.
to quote his words after some of the tion of justice in the provision of public serv- Hon. MITCH MCCONNELL
outrageous charges that have been ice to all communities, and to serve as the Minority Leader, U.S. Senate,
made against Ms. Clarke this after- conscience of law enforcement by being com- Washington, DC.
noon. Sheriff Mahoney wrote: ‘‘Build- Hon. CHARLES E. GRASSLEY,
SSpencer on DSK126QN23PROD with SENATE
mitted to Justice by Action.
ing trust between law enforcement and Ranking Member, Committee on the Judiciary,
In closing, this correspondence acts as a U.S. Senate, Washington, DC.
communities is essential for law en- formal endorsement of Ms. Kristen Clarke as DEAR MAJORITY LEADER SCHUMER, MINOR-
forcement to effectively serve all mem- the next Head of the U.S. Department of Jus- ITY LEADER MCCONNELL, CHAIRMAN DURBIN,
bers of our community. It is with this tice Civil Rights Division. AND RANKING MEMBER GRASSLEY: The His-
in mind that I strongly support Kristen Sincerely, panic American Police Command Officers
Clarke. Ms. Clarke has built trust in DWAYNE A. CRAWFORD, Association (HAPCOA) wishes to support and
every stage of her career.’’ Executive Director. recommend the nomination of Ms. Kristin
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3397
Clarke to the position of Head of the US De- ing and enforcing this country’s core federal Schumer Stabenow Warnock
partment of Justice Civil Rights Division. civil rights laws. She is an exemplary lawyer Shaheen Tester Warren
HAPCOA is the oldest and largest associa- and leader who possesses the character, Sinema Van Hollen Whitehouse
Smith Warner Wyden
tion of Hispanic American command officers qualifications, and commitment to lead the
from law enforcement and criminal justice Civil Rights Division. NAYS—48
agencies at the municipal, county, state, I urge you and your colleagues to support Barrasso Graham Portman
school, university and federal levels. Ms. Clarke’s nomination. Blackburn Grassley Risch
HAPCOA’s mission is to ‘‘empower the fu- Thank you for your consideration. Blunt Hagerty Romney
ture of law enforcement’’ by assisting law Sincerely, Boozman Hawley Rounds
enforcement, criminal justice and commu- Braun Hoeven Rubio
DAVID J. MAHONEY,
nity organizations nationwide in their ef- Burr Hyde-Smith Sasse
Sheriff, Dane County, Wisconsin. Capito Inhofe Scott (FL)
forts to recruit, train, mentor and promote
Mr. DURBIN. The point I am trying Cassidy Johnson Scott (SC)
qualified Hispanic American men and women Cornyn Lankford Shelby
committed to a career in the criminal jus- to make is this: At this moment in his- Cotton Lee Sullivan
tice arena and to the communities in which tory, filling this Division, the Civil Cramer Lummis Thune
they serve and protect. Rights Division, on the anniversary of Crapo Marshall Tillis
HAPCOA acknowledges the work ethic and George Floyd’s murder on the streets Cruz McConnell Toomey
commitment of Ms. Clarke and believe that Daines Moran Tuberville
of Minneapolis, we are choosing the Ernst Murkowski Wicker
she will be an effective leader as the next
Head of the DOJ Civil Rights Division.
first woman of color in the history of Fischer Paul Young
Sincerely, the United States to head this Divi- NOT VOTING—1
ANTHONY CHAPA, sion. It is a historic choice. It Kennedy
Executive Director shouldn’t be trivialized by those who
-- want to paint a caricature of this The nomination was confirmed.
DANE COUNTY SHERIFF’S OFFICE, woman not even close to the truth. It The PRESIDING OFFICER. Under
April 29, 2021. shouldn’t be trivialized by ignoring the the previous order, the motion to re-
Hon. CHARLES E. SCHUMER,
many endorsements she rightfully re- consider is considered made and laid
Majority Leader, U.S. Senate, upon the table and the President will
Washington, DC. ceived because of her good life’s work,
having spent her entire career defend- be immediately notified of the Senate’s
Hon. MITCH MCCONNELL, action.
Minority Leader, U.S. Senate, ing the civil rights of all Americans.
The Senator from Kansas is recog-
Washington, DC. Ms. Clarke is the right person for the
Hon. RICHARD J. DURBIN,
nized.
job. President Joseph Biden believes
Chairman, Committee on the Judiciary, CORONAVIRUS
that. The Attorney General believes it,
U.S. Senate, Washington, DC. and I believe it as well. At a time when Mr. MARSHALL. Madam President, I
Hon. CHARLES E. GRASSLEY,
we have seen an appalling rise in hate am here today to talk about the ori-
Ranking Member, Committee on the Judiciary, gins of the COVID–19 virus. I want to
U.S. Senate, Washington, DC. crimes, we need someone with her ex-
perience to head this Division. stop and thank the scientists and jour-
DEAR MAJORITY LEADER SCHUMER, MINOR-
nalists who risked and in some in-
ITY LEADER MCCONNELL, CHAIRMAN DURBIN I urge my colleagues to take note of
AND RANKING MEMBER GRASSLEY: I write to stances gave their lives to get the ge-
the continued need for the Civil Rights
express my strong support for Kristen netic sequence of the virus and some
Division to do its important work 150
Clarke, the President’s nominee to serve as hints of its origin out to the rest of the
years after its creation. Given that
Assistant Attorney General of the Civil world to give us a fighting chance.
need and Ms. Clarke’s breadth and
Rights Division. I also want to thank the NIH and Dr.
I serve as the Sheriff in Dane County, Wis- depth of experience, I urge all of my
Francis Collins, whose team was able
consin. I was first elected to this position in colleagues to vote in favor of her nomi-
to stabilize the virus within a matter
2006 and have served four terms in office, and nation.
have over 40 years of service in law enforce-
of weeks and share that technology
I yield the floor.
ment. Our office serves the city of Madison, with the world. This helped to quickly
VOTE ON CLARKE NOMINATION launch the success of Operation Warp
the capital of Wisconsin, and its surrounding
cities and towns. I also serve as President of The PRESIDING OFFICER. Under Speed, as well as other research for
the National Sheriffs’ Association, an orga- the previous order, all postcloture time testing, anti-virals, and vaccines.
nization I hold in very high regard. has expired. But now here we are 16 months into
Building trust between law enforcement The question is, Will the Senate ad- the most catastrophic health disaster
and communities is essential for law enforce- vise and consent to the Clarke nomina- of our lifetime, and we still have more
ment to effectively serve all members of our
tion? questions than answers. At least 3 mil-
community. This overarching value is a bed-
rock principle that has guided my steward- Mr. WHITEHOUSE. I ask for the yeas lion lives have been claimed by the
ship of the Sheriff’s office, and is shared by and nays. virus, and we still don’t know its ori-
law enforcement leaders all across the coun- The PRESIDING OFFICER. Is there a gin. More specifically, we don’t know
try. This bedrock value is also important to sufficient second? its geographical or biological origin.
federal law enforcement leaders, who partner There appears to be a sufficient sec- The world deserves to know and needs
with state and local law enforcement to pro- ond. to know where and how it started. Was
mote public safety and build public trust.
It is with this in mind that I strongly sup- The clerk will call the roll. it naturally occurring, or was it made
port Kristen Clarke, the President’s Civil The senior assistant legislative clerk in a lab?
Rights Division nominee. Ms. Clarke has called the roll. I am here today to tell you, the pre-
built trust at every stage of her career. When Mr. THUNE. The following Senator is ponderance of evidence suggests that
she was a federal prosecutor as a young at- necessarily absent: the Senator from this virus leaked from a lab in Wuhan.
torney, she gained the trust of federal agents Louisiana (Mr. KENNEDY). But first let’s look at the mounting
and domestic violence survivors and crime evidence suggesting that COVID–19 is
The result was announced—yeas 51,
victims. When she was the Chief of the Civil truly a supervirus, the product of lab
Rights Bureau in the New York State Attor- nays 48, as follows:
Rollcall Vote No. 203 Ex.] manipulations, including viral gain of
ney General’s office, she built trust among
New Yorkers to protect their rights to prac- function. In order to do this, we need
YEAS—51
tice their faiths, to allow for language ac- to look at the world history of two
Baldwin Durbin Manchin
cess, and to protect against discrimination Bennet Feinstein Markey
similar events and the great work of
at work. When Ms. Clarke left government Blumenthal Gillibrand Menendez scientists surrounding the containment
service to lead the non-profit Lawyers’ Com- of SARS in 2002 and MERS in 2012.
SSpencer on DSK126QN23PROD with SENATE
Booker Hassan Merkley
mittee of Civil Rights Under Law, Ms. Clarke Brown Heinrich Murphy For SARS, it took 4 months to find
gained the trust of hate crimes victims and Cantwell Hickenlooper Murray
Cardin Hirono Ossoff
an intermediate host, a civet, a rac-
survivors, to ensure that they could obtain coon-looking mammal. Yes, it only
Carper Kaine Padilla
justice against their perpetrators.
As a tireless advocate for those who have
Casey Kelly Peters took 4 months to prove that the SARS
Collins King Reed virus went from a bat to a civet to a
been targeted by inequality, hate, and dis- Coons Klobuchar Rosen
crimination, Ms. Clarke is exactly the type Cortez Masto Leahy Sanders human. Significantly, scientists found
of person who should be charged with guard- Duckworth Luján Schatz 24 viral ancestors to SARS, as the virus
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S3398 CONGRESSIONAL RECORD — SENATE May 25, 2021
spontaneously mutated from a virus it interacts with human lung cells. And upon the body of evidence that best de-
that would not easily attach to human if there is a smoking gun, this is it. Re- scribes this event. We have to get to
cells into a more lethal virus. member I talked about this spike, this the bottom of this regardless of whose
For MERS, it only took 9 months to crown having two components, two fault it is or isn’t. We will need to
find the virus occurring naturally in units. Well, it just so happens that the know how to forgive. We will need to
bats, and the intermediate host was human lung cell has a special cleaver, make others take responsibility. But
camels. a cleaver that can recognize—you what we can’t do is keep burying our
Yet, with COVID–19, here we are guessed it—a perfect spot on the heads in the sand, which is why I am
some 16 months later, and we have no COVID–19 spike. Bats don’t have this calling on the U.S. delegation to the
intermediate host and no COVID–19 ability, but human lung cells do. World Health Assembly meeting this
found in a live bat. The Chinese tell us Anyway, what happens is, after the week to do everything in their power
they tested over 80,000 viral sequences COVID–19 virus attaches to the human to ensure that a full and unrestricted
and have come up empty. Coincidence? lung cell like glue, the human lung cell international scientific and forensic in-
No precursors, no grandfather or cleaves the COVID–19 in this perfect vestigation into the origins will be au-
great-grandfathers, nothing close to re- spot, and only after this cleavage oc- thorized and also for a parallel com-
sembling COVID–19 has been found in curs can the virus dump its genetic prehensive, bipartisan Senate inves-
nature. As a matter of fact, the closest makeup into the human cell and take tigation into the origins as well.
virus we know of to COVID–19 is over the human genetic machinery. When that is finished, we need to
RaTG13, which has called the Wuhan Now, just don’t forget your ninth take up the guardrails for viral gain-of-
Institute of Virology home for several grade biology class. A virus needs an- function studies. But in the meantime,
years. This virus was supposedly from other organism to reproduce, and this the American people—really the entire
bats in Yunnan and transported by sci- COVID–19 virus, once it grabs a human world—deserve to know the answers to
entists to the Wuhan viral lab, but of lung cell, it is not letting go until it the origins of the COVID–19 virus.
course the Chinese won’t hand the takes over and starts to multiply like
virus over to the world now for further rabbits. After one cell grabs hold and I yield the floor.
study. dumps its genetic content, a chain re- The PRESIDING OFFICER. The Sen-
Is it possible that RaTG13 could have action occurs that really reminds me of ator from Vermont.
been manipulated into COVID–19? a nuclear chain reaction. Once viral S. 1260
Some experts would say yes. And we replication ignites, it is next to impos-
know, based upon the words of the WIV sible to stop. Mr. SANDERS. Madam President, I
researcher, Dr. Shi, that the WIV had There are more microbiology nuances want to rise to say a few words about
eight similar viruses to RaTG13, but we could talk about and why this the U.S. Innovation and Competition
China won’t share those either. What supervirus is not seemingly a virus Act, which we are debating today. I
are they hiding? from Mother Nature, but I think you think that the thrust of that act and
Here is another interesting feature of get my point. Yes, I could be wrong. I what we are trying to accomplish is
COVID–19. It likes humans more than hope I am wrong. But only the Wuhan enormously important.
bats. As a matter of fact, it doesn’t labs have the data to prove me wrong, Right now, as I think most people
harm bats. So the CCP propaganda and I am afraid the data that would know, we have a crisis in terms of
claims this virus comes from bats, but prove me right or wrong has been for- microchip production here in the
it doesn’t like bats. Riddle me that. ever destroyed. United States, and we are becoming in-
Furthermore, no ancestors of COVID– The geographical origination of this creasingly dependent upon countries
19 have been found. Recall what typi- virus is much less complex to discuss. all over the world. For our own manu-
cally occurs in nature is multiple Today, all evidence points to the geo- facturing sector—the automobile sec-
mutations, just like with the SARS in- graphical start of this virus from or in tor, the electronics sector—that is a
fection. We should be able to find mul- very close proximity to the Wuhan very bad position to be in, and also, ob-
tiple mutations as the virus goes from labs. The wet market origination the- viously, being dependent on other
bat loving, to an intermediate liking ory has been completely dismantled countries for microchips is a dangerous
animal, to human liking, to human and is really nothing more than the place to be in terms of national secu-
loving. We would certainly welcome usual CCP propaganda and coverup rity.
contrary evidence from the Wuhan that we have all seen too often.
Now we know without any doubt that I especially like provisions in this
labs.
Now if you will, forgive me for being multiple infections predated the Janu- legislation which will increase funding
a bit of a biology lover, but as a physi- ary 2020 event surrounding the wet for research and development, increase
cian, I think we have to consider just market theory, and all these infections funding for science and technology, and
how utterly ferocious and seemingly can be traced to a close proximity of invest in more Ph.D.s. We need more
too perfect for nature this virus really the Wuhan labs. In fact, U.S. intel- Ph.D.s in our country in science, tech-
is. ligence reports recently confirmed nology, engineering, and math. I think
COVID–19 has a very unique spike what we have known for months—that those are very important steps in the
protein made up by two units. The first some WIV researchers were hospital- right direction.
unit has an amazing affinity for human ized as early as the fall of 2019. But I do have some very serious con-
lung cells. It sticks like glue to human Just to be clear, these bats that are cerns about two provisions in this bill.
lung cells even if you only get a small known to harbor this family of viruses No. 1, I am deeply concerned about the
whiff of it, and it uses the same human have a range of some 50 miles but live provisions which will provide $52 bil-
lung receptor that researchers in the in caves in Yunnan Province approxi- lion in emergency appropriations for
United States and WIV have been mately 1,000 miles away from Wuhan. the microchip industry, with no strings
working on together for viral gain of The chances of a bat carrying this attached. Let me repeat that. We are
function and similar lab techniques for highly infectious virus 1,000 miles away talking about $52 billion in Federal
years. Perhaps this is just another co- without leaving a trail of infections be- funds—and, by the way, I suspect there
incidence. tween Yunnan and the WIV would be will be more taxpayer money coming
To be fair, I really do think all the like the same person walking from New to these corporations from State and
research has been done with the best of York to Kansas and being struck by local government—with no strings at-
SSpencer on DSK126QN23PROD with SENATE
intentions to develop vaccines for a lightning seven times and surviving. tached. And, second of all, there is a
possible future epidemic. For all I Again, China has the evidence to provision in this bill, not an appropria-
know, the research already done may prove these theories wrong, and I wel- tion but an authorization, to provide
have significantly sped up the success come that data. As a physician, a Sen- some $10 billion to the Blue Origin
of Operation Warp Speed. ator, a father, and a grandfather, we space company, which is owned by the
Next we need to discuss one last have to assume and prepare for the wealthiest person in the world, Mr.
point about this protein spike and how worst and judge the situation based Bezos.
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3399
When we talk about the microchip about the major semiconductor com- was in the CARES Act. Every Member
industry, we are talking about an in- pany from Taiwan called the Taiwan or at least 96 Members of the Senate
dustry that is not a poor, struggling in- Semiconductor Manufacturing Com- voted for these conditions—not a new
dustry. In fact, it is an extremely suc- pany, or what is often referred to as idea. So in addition to making sure
cessful and wealthy industry that is ‘‘TSMC,’’ which is a very, very, very that companies allow for warrants, it
worth now more than half a trillion large microchip company. It is inter- would be demanded that they could not
dollars—more than $500 billion. We are esting to note who is the largest share- buy back their own stock, not
talking about an industry, interest- holder in that company. Well, it should outsource American jobs overseas, not
ingly enough, that, at the same time not surprise anybody because this is repeal existing collective bargaining
we are now trying to provide corporate how countries around the world do in- agreements, and remain neutral in any
welfare to them, is an industry that dustrial policy, but the largest share- union organizing effort.
has shut down over 780 manufacturing holder in TSMC is the Government of Again, these are not new ideas, not
plants in the United States over the Taiwan. So when you give TSMC radical ideas. All of these conditions
past several decades and laid off 150,000 money, you are giving that money di- are identical to the conditions that
American workers. So what you have is rectly to the Government of Taiwan. were placed in the CARES Act, which
a situation that, over the last two dec- Samsung, another very large cor- passed 96 to nothing.
ades, these very large corporations porate entity, South Korean, it owns I also want to say a word about the
said: Why do I want to stay in the several plants in Texas. So what we are provision in there that authorizes $10
United States of America, pay workers looking at here is a reality where tax- billion for Blue Origin, a company
here a living wage, protect environ- payer money from working people in owned by Mr. Bezos.
mental standards? I can go to compa- this country will be going to large,
nies in Asia and elsewhere and buy my You know, when we were younger
profitable corporations, and several of
products from them. The result, again, and Neil Armstrong made it to the
them are owned literally by other enti-
is 780 manufacturing plants in the last Moon, there was incredible joy and
ties.
several decades have shut down in In total, the top five semiconductor pride in this country that the United
America, and 150,000 American workers companies that may well receive States of America did something that
were laid off. grants under this legislation made people forever had thought was impos-
Now, let’s talk about how we don’t nearly $35 billion in profits and spent sible. We sent a man to the Moon, an
know exactly—nobody does—where more than $18 billion buying back its extraordinary accomplishment. And
this $52 billion in corporate welfare is own stock last year. the entire world watched that event
going to go. But, obviously, it will go So here is the bottom line. I believe with bated breath. It was just an ex-
to some of the larger microchip compa- that we do want to grow the microchip traordinary accomplishment for all of
nies, and one of the very largest is industry here in the United States of humanity, not just the United States,
Intel. America for reasons that everybody is but we have a special pride because
Let me say a word about Intel. Last familiar with. That is the industry that was our project.
year, Intel made nearly $21 billion in that we need if we are going to grow I worry very much that what we are
profits. So we are proposing to provide the automobile industry, the elec- seeing now are two of the wealthiest
many billions of dollars to a company tronics industry, and every other in- people in this country—Mr. Musk, Elon
that, last year, made $21 billion in prof- dustry in this country. And we need to Musk, and Mr. Bezos—deciding that
its. They spent $14.2 billion on stock not be dependent upon China and other they are going to take control over our
buybacks—$14.2 billion on stock countries for the microchips that are space efforts to get to the Moon and
buybacks. And, by the way, this com- used in these products. maybe even the extraordinary accom-
pany which is in line for a major infu- So I am sympathetic to the goal of plishment of getting to Mars. What an
sion of U.S. taxpayer money, provided this bill, but I am not sympathetic accomplishment that would be.
$110 million signing bonus to its CEO, with the idea of simply laying out $52 But I have to tell you that I have a
Patrick Gelsinger. billion of taxpayers’ money with no real problem that, to a significant de-
Since 2015, this very same company, strings attached. gree, we are privatizing that effort. So
Intel, has shipped over 1,000 jobs over- That is why I have introduced Senate that as a nation, we will not sit with
seas. Now, interestingly enough, Intel’s amendment No. 2016. This amendment pride in saying we did it but instead
CEO has admitted recently that it does would prevent microchip companies saying, well, maybe Mr. Bezos or
not need corporate welfare. Let’s give from receiving taxpayer assistance un- maybe Mr. Musk sent somebody to the
them credit for that. The CEO recently less they agree to issue warrants to the Moon or maybe even to Mars. This is
said his investment in America ‘‘does Federal Government. something that should be an American
not depend on a penny of government If private companies are going to effort, that all of us should be part of
support or state support or any other benefit from over $52 billion in tax- and not simply be a private corpora-
investments to make it successful and payer subsidies, the financial gains tion undertaking. So I have a real
never will.’’ They are prepared to do it made by these companies must be problem with the authorization of $10
on their own, which is what we hope shared with the American people, not billion going to somebody who, among
most private corporations would do. just wealthy shareholders. In other
other things, is the wealthiest person
Now, among the other very large, words, all this amendment says is that
in this country.
leading microchip companies is the if these companies want taxpayer as-
So what I hope very much is that my
well-known Texas Instruments. They sistance, we are not going to socialize
all of the risks and privatize all of the amendment will be a part of the man-
may well be in line to receive billions
profits. agers’ amendments. I suspect there are
of dollars in corporate welfare as well
And let me be very clear; this is not Republicans who often tell us about
under this piece of legislation.
Last year, Texas Instruments made a radical idea. This is not something wanting to save taxpayer dollars and
$5.6 billion in profits and spent $2.5 bil- that I made up or any other Senator not just throw them about who would
lion buying back its own stock, while made up. These exact conditions were be sympathetic to this effort, and I
it has outsourced thousands of jobs to imposed on corporations that received know there are a number of Democrats
low-wage countries. The CEO of Texas taxpayer assistance in the bipartisan who are as well. So I would hope very
Instruments made over $30 million in CARES Act, which passed the Senate much that my amendment No. 2016,
which will be modified to just include
SSpencer on DSK126QN23PROD with SENATE
total compensation last year—more 96 to 0. In other words, every Member
than 400 times what the median worker of the U.S. Senate has already voted provisions that were in the CARES bill,
at that company made. And this is also for the conditions that are in the that it will be included in the man-
another company in line to receive bil- amendment that I cosponsored by Sen- agers’ amendments that we will be vot-
lions and billions of dollars in Federal ator WARREN, by the way. They are in ing on shortly.
corporate welfare. the amendment that we are offering. With that, I leave the microphone.
Who else might receive corporate Further, this amendment will also The PRESIDING OFFICER. The Sen-
welfare under this bill? Well, how require companies—again, all of this ator from Texas.
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S3400 CONGRESSIONAL RECORD — SENATE May 25, 2021
Mr. CORNYN. Madam President, downright harmful policies that are ad- If these tax hikes slowly strangle
Texas has always been a proud sup- vocated for in the name of reducing U.S. energy companies, we could end
porter of an ‘‘all of the above’’ energy carbon emissions. Some of our col- up in the same position: dependent on
strategy. We are often recognized as an leagues have proposed everything from others for our basic energy needs. After
oil and gas powerhouse, which we are, the socialist paradise that is the Green years of building our energy independ-
but most folks don’t know that we are New Deal to a more targeted but no ence and strengthening our energy se-
the No. 1 producer of energy from wind, more realistic net zero emissions bill. curity, now is not the time to turn
the No. 1 renewable resource. In fact, Tomorrow, as I suggested, the Fi- back the clock. We simply should not
we now produce one-quarter of all wind nance Committee will mark up the lat- put ourselves in a position where we
energy in the United States. So if est proposal, legislation introduced by are reliant on any other country, let
Texas were a country—and my friend Chairman WYDEN known by the innoc- alone our adversaries, to keep our
from Vermont may be interested in uous name of the Clean Energy for lights on and to keep our economy
this—we would be the fifth largest America Act. But the bill is anything humming.
wind energy producer in the world. but innocuous. The bill proposes a com- And the consequences don’t stop
Mr. SANDERS. I did know that. plete overhaul of the energy tax code there. Beyond harming our energy se-
Mr. CORNYN. And we don’t have any to finance the full gamut of clean en- curity, the legislation that the Finance
plans of stopping there. We are also ergy policies. At its core, though, it is Committee will consider tomorrow
making serious strides in energy inno- an anti-fossil fuel bill. would kill countless high-paying jobs.
vation. Given the fact that more than 60 per- It would weaken our global competi-
A couple of years ago, I visited the cent of our electricity is generated by tiveness and reverse the economic
NET Power plant in La Porte, TX, fossil fuels, that strikes me as a pretty gains we have made because of a thriv-
right outside of Houston. NET Power is radical position to take. This proposal ing oil and gas industry. And that is
significant because it has developed a uses a variety of tax increases to place just scratching the surface of this mis-
first-of-its-kind power system that gen- a squeeze on fossil fuel producers and guided bill.
erates affordable zero-emissions elec- to push America toward renewables, One of the most outrageous provi-
tricity. Using their unique carbon cap- which accounted for no less than 20 sions, though, is the electric vehicle
ture technology, they have taken nat- percent of our energy production last tax credit proposal. We all know that
ural gas, one of the most prevalent and year. In other words, they want to push out of the 280 million cars on the road
affordable energy sources, and made it us into the renewable space that only in America, the vast majority of Amer-
emission-free. That is what innovation accounted for 20 percent of our energy icans drive cars that run on gas or die-
can produce: emission-free electricity production—completely unrealistic. sel. When they fill up their tank at the
This proposal would drive up costs
from natural gas. gas station, they pay a user fee, or a
As impressive as this project is, for American energy producers and
tax, on every gallon they buy. Some of
though, it is made even better by the consumers, who would be the ones ulti-
that money goes into the highway
fact that it is not unique. Private com- mately footing the bill. Namely, senior
trust fund, the pot of money that pays
panies are harnessing the power of citizens and those on fixed incomes
to build and repair the roads and
would be the ones hurt the most.
human ingenuity to make our most bridges we drive on every day. As we
I also have serious concerns about
used energy sources emission-free. Ear- all know, though, the highway trust
how this dramatic shift would impact
lier this year, for example, ExxonMobil our energy security. The higher cost of fund is in dire straits. Unless some-
announced a $100 billion carbon capture domestic oil would, once again, make thing changes, the shortfall over the
and storage project in the Houston the United States rely on countries next decade is expected to be nearly
area, otherwise known as the energy like Russia, Iran, and Venezuela for $200 billion.
capital of the world. This would create our energy needs, and obviously we can Those who drive electric cars don’t
a carbon capture innovation zone to all see the dangers that would produce. buy gasoline, obviously. They don’t
significantly reduce carbon emissions. Our friend John McCain aptly de- contribute to the highway trust fund.
ExxonMobil estimates this project scribed Russia at one time as ‘‘a gas They don’t pay anything to drive on
has the potential to store up to 100 mil- station masquerading as a country.’’ the roads and bridges every other
lion metric tons of carbon per year by Well, that was pretty funny, but it is American has to pay for and ulti-
the year 2040. A decade later, Houston also pretty accurate. Having the mately subsidizes.
could be carbon-neutral. United States and our other allies over The proposal by the chairman of the
These kind of developments, I think, a barrel because of lack of energy di- Finance Committee doubles down on
are incredibly exciting, and they show- versification and domestic production this problem and makes Americans do
case, once again, the power of innova- gives them a lot of power—and too even more to subsidize the pricey elec-
tion not by the government but by the much power. tric vehicles owned by wealthy con-
private sector. We know what it has been like for re- sumers. This legislation extends elec-
If we are able to reduce emissions cent decades before we became more tric vehicle incentives, which will
without harming our energy security, self-sufficient when it came to energy come at the cost of other taxpayers,
raising taxes, killing high-paying jobs, production. I remember, back in 1980, without addressing the fact that elec-
or driving up costs to consumers on a Jimmy Carter famously issued the Car- tric vehicles are already driving on
fixed income, why wouldn’t we? Break- ter doctrine after the Soviets invaded taxpayer-funded roads virtually free of
neck changes in technology have fueled Afghanistan. He suggested that if any- charge. This is incredibly expensive
our economy, propelled the commu- one, any country, any adversary of the and benefits only a limited group of
nications sector, and completely trans- United States were to blockade the wealthy Americans.
formed our daily lives. Strait of Hormuz, it would be an act of Let’s compare the cost of this pro-
It is time to harness American inge- war because the oil that flowed gram to the carbon capture projects I
nuity to revolutionize the energy sec- through the Strait of Hormuz was es- mentioned. Current electric vehicle
tor. Smart policies can’t prioritize only sential for our national security and subsidies equate to spending about $455
conservation, productivity, or eco- our economy. for every ton of CO2 that is reduced. As
nomic power. We need to strike a bal- So why in the world would we want a reminder, this applies only to emis-
ance of all three. You are simply not to return to those bad old days when sion reduction for cars. Electric vehicle
going to achieve the balance by impos- subsidies have zero bearing on the car-
SSpencer on DSK126QN23PROD with SENATE
we were dependent on imported en-
ing heavy-handed regulations or mak- ergy? Well, this issue was further un- bon emission of the manufacturing sec-
ing it more expensive. Unfortunately, derscored in 2009, when Russia effec- tor, power generation, or other emis-
that seems to be exactly the path our tively turned off the gas in Ukraine for sion-intensive industries.
Democratic colleagues in the Finance almost 3 weeks. This affected at least Carbon capture and storage, like the
Committee want to take. 10 countries in Europe whose natural ExxonMobil project I mentioned ear-
Over the last couple of years, we have gas flowed through that pipeline in lier, can apply to virtually every
seen no shortage of unrealistic and Ukraine. source of emissions and at a much
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3401
lower cost. CO2 can be abated for $100 ing Senators to come forward and offer AMENDMENT NO. 1975
to $200 per ton. That is less than half amendments that might improve the (Purpose: To set forth trade policy, negoti-
the price of an electric vehicle subsidy. bill is helpful. It is hoped that we can ating objectives, and congressional over-
I support efforts to reduce carbon do that again tomorrow and Thursday sight requirements relating to the response
to the COVID–19 pandemic)
emissions to preserve our air, land, and and move toward an opportunity to
water for future generations, but those pass this bill. At the end of title III of division F, add the
following:
efforts don’t have to come at this sort I would point out to my colleagues— SEC. 6302. TRADE POLICY AND CONGRESSIONAL
of exorbitant price. You can support all and I know the distinguished chair of OVERSIGHT OF COVID–19 RESPONSE.
energy sectors and innovation and con- the Finance Committee will agree with (a) SENSE OF CONGRESS.—It is the sense of
servation. These are not mutually ex- this. We have locked in six 15-minute Congress that—
clusive. votes. In fairness, really, the five sub- (1) it is imperative to promote the develop-
One great example is a bill I intro- sequent votes should be 10-minute ment and deployment of vaccines, including
duced called the LEADING Act, which votes. We can fool around and wander to address pandemics like the pandemic re-
was signed into law last year. This leg- lating to COVID–19 and its variants;
in here for hours and be here until 8 or (2) as a developed nation with a long-
islation incentivizes the research and we can begin at 4:45 and resume the standing commitment to promoting global
development of carbon capture tech- practice that we had for years before health, innovation, access to medicine, pub-
nology for natural gas and innovation we quit doing regular order in this lic welfare, and security, the United States
in the energy industry at large. That is body. will continue to use the resources and tools
how we can keep costs down for tax- If Members will hold each other ac- at its disposal to promote the distribution of
payers and maintain this revolution in countable and if the Chair is willing to life-saving COVID–19 vaccines to other coun-
the energy sector. tries;
say after a certain amount of time, if a (3) President Biden should continue to
So I will continue to push back on ef- straggler is missing, that that Senator work with foreign governments, multilateral
forts to weaken our energy independ- simply has missed votes, then we can institutions, nongovernmental organiza-
ence and harm our economy in pursuit do this in an orderly fashion. I have an tions, manufacturers, and other stakeholders
of arbitrary goals. There is simply no appointment at 5:30 that I have had to to quickly identify and address, through tar-
reason to stick taxpayers with the bill cancel. Perhaps others will have to do geted and meaningful action, obstacles to
for these unnecessary policies when that too. ending the COVID–19 pandemic, whether
there are better commonsense ways to those obstacles are legal, regulatory, con-
But we are making progress on a tractual, or otherwise;
promote both innovation and conserva- very substantive bill about the future
tion. (4) in any efforts to address trade-related
of this country and moving toward obstacles to ending the COVID–19 pandemic,
The PRESIDING OFFICER. The Sen- competing in a better way with China. President Biden should consider how any ac-
ator from Washington. And I would suggest that maybe ap- tion would complement the whole-of-govern-
ORDER OF BUSINESS pointments in the early afternoon ment approach of the President to ending
Ms. CANTWELL. Madam President, I might be canceled, and we can get back the COVID–19 pandemic worldwide, including
ask unanimous consent that the Sen- to quick votes and be considerate of how any action would impact competitive-
ate resume legislative session; that the ness, innovation, and the national security
others, realizing that some of us may of the United States in the short- and long-
Senate resume consideration of S. 1260; miss votes if we are late. I make that term;
and that the following amendments be suggestion, and I thank my colleagues (5) the President should strive to create
called up and reported by number: on both sides of the aisle for the hard the most appropriate balance between access
Wyden, 1975; Crapo, 1565; Paul, 2003; work in locking in these six votes. to COVID–19 vaccines and therapeutics and
Ernst, 1507; Daines, 1787; and Lee, 1891; I yield back. generating an innovative environment in the
further, that at 4:45 p.m. today, the United States;
Senate vote in relation to the amend- (6) the President should take into account
f the efforts of malign nations or entities to
ments in the order listed with no
obtain intellectual property of United States
amendments in order to these amend- persons through forced technology transfer,
ENDLESS FRONTIER ACT—Resumed
ments prior to the vote in relation to theft, or espionage, and accordingly make all
the amendment, with 60 affirmative The PRESIDING OFFICER. Under efforts to protect that intellectual property
votes required for adoption and 2 min- the previous order, the Senate will re- from such nations or entities; and
utes of debate, equally divided, prior to sume S. 1260, which the clerk will re- (7) in any efforts to address trade-related
each vote. port. obstacles to ending the COVID–19 pandemic,
The PRESIDING OFFICER. Without The bill clerk read as follows: Congress expects timely and meaningful con-
objection, it is so ordered. sultations on any negotiations and any
A bill (S. 1260) to establish a new Direc- agreements or decisions reached regarding
f torate for Technology and Innovation in the matters of concern to members of Congress
National Science Foundation, to establish a and their constituents, including issues of
LEGISLATIVE SESSION regional technology hub program, to require competitiveness, innovation, and national
The Senate will now resume legisla- a strategy and report on economic security, security.
tive session. science, research, innovation, manufac- (b) TRADE POLICIES WITH RESPECT TO THE
turing, and job creation, to establish a crit- COVID–19 PANDEMIC.—
The Senator from Mississippi. ical supply chain resiliency program, and for (1) IN GENERAL.—It is the policy of the
S. 1260 other purposes. United States to facilitate an effective and
Mr. WICKER. Madam President, I Pending: efficient response to the global pandemic
would like to be recognized for a mo- with respect to COVID–19 by expediting ac-
ment before we proceed. Schumer amendment No. 1502, in the na- cess to life-saving vaccines, medicines,
ture of a substitute. diagnostics, medical equipment, and per-
This is an important step in the con-
Cantwell amendment No. 1527 (to amend- sonal protective equipment.
sideration of the Endless Frontier Act. ment No. 1502), of a perfecting nature. (2) ELEMENTS.—The United States Trade
We have just locked in six votes for Representative shall pursue a timely, effec-
AMENDMENT NOS. 1975, 1565, 2003, 1507, 1787, AND
this afternoon—two important side by tive, and efficient response to the trade as-
1891 TO AMENDMENT NO. 1502
sides, WYDEN and CRAPO on Finance pects of the COVID–19 pandemic, including
Committee matters; a Paul amend- The PRESIDING OFFICER. Under by endeavoring to—
ment on the National Institutes of the previous order, the following (A) expedite access to medicines and life-
Health funds being used in China; an amendments will be called up and re- saving products through trade facilitation
SSpencer on DSK126QN23PROD with SENATE
Ernst amendment on the Wuhan lab; a ported by number. measures;
Daines amendment on intellectual The bill clerk read as follows: (B) obtain a reduction or elimination of
nontariff barriers and distortions that im-
property in China; and the Lee amend- The Senator from Washington [Ms. CANT-
pact the procurement of life-saving products;
ment on stem cell research. WELL], for herself and others, proposes en
(C) take action to increase access to
This is a great step forward; that the bloc amendments numbered 1975, 1565, 2003,
COVID–19 vaccines globally, while avoiding
Senate is proceeding this afternoon to 1507, 1787, and 1891 to amendment No. 1502.
providing access to intellectual property to
regular order, and regular order allow- The amendments are as follows: nations or entities that seek to utilize the
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